Immigration Act 2014

Valid from 20/10/2014

53 Extension of scheme to Scotland and Northern Ireland U.K.

(1) The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for extending the referral and investigation scheme to any of the following—

(a) proposed marriages under the law of Scotland;

(b) proposed civil partnerships under the law of Scotland;

(c) proposed marriages under the law of Northern Ireland;

(d) proposed civil partnerships under the law of Northern Ireland.

(2) An order under this section may—

(a) make provision having a similar effect to the provision made by section 58, Schedule 4, or Parts 1, 2 and 4 of Schedule 6;

(b) confer functions on any person;

(c) amend, repeal or revoke any enactment (including an enactment contained in this Act).

(3) The power under subsection (2)(b) to confer functions includes power to impose a duty of referral on persons exercising functions in Scotland or Northern Ireland in relation to marriage or civil partnership.

(4) But an order under this section may not impose that or any other duty, or otherwise confer functions, on—

(a) the Scottish Ministers,

(b) the First Minister and deputy First Minister in Northern Ireland,

(c) a Northern Ireland Minister, or

(d) a Northern Ireland department.

(5) In this section—

• “duty of referral” means a duty to refer a proposed marriage or proposed civil partnership to the Secretary of State in a case where—

  (a)

  one of the parties is not an exempt person, or

  (b)

  both of the parties are not exempt persons;

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

  (b)

  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

  (c)

  an enactment contained in, or in an instrument made under, Northern Ireland legislation;

• “referral and investigation scheme” means the provision made by sections 48 to 51.